BYOD can complicate e-discovery

BYOD, or bring your own device, is the practice of allowing employees to use their personal devices for work purposes. That can include smartphones, tablets, and laptops. While BYOD can offer a number of benefits for employers, such as increased productivity, it also introduces new risks, particularly in the area of e-discovery.

E-discovery is the process of collecting and preserving electronic data for use in legal proceedings. When employees use their personal devices for work, it can be difficult to determine which data is business-related and which data is personal. That can make it difficult for employers to comply with e-discovery requests — and alarming for employees whose personal data can get caught in the crosshairs.

Here are some of the key things that employers need to know about BYOD and e-discovery:

• Data preservation: Depending on the laws in your state, data on personal devices may be subject to the same preservation obligations as other electronically stored information (ESI). That means that if an employee’s personal device is subject to an e-discovery request, the employer may be required to collect and preserve all of the data on the device, even personal data.
• Employee training and policy: Employers should have a clear BYOD policy in place. The policy should specify what types of data are allowed to be stored on personal devices, how employees should handle sensitive data, data ownership, and what happens if an employee’s device is lost or stolen.
• Security measures: Employers should enforce robust security measures to protect both company and employee data on personal devices. That may include encryption, strong authentication mechanisms, remote wipe capabilities, regular security updates, and mobile device management software.
• Consent and privacy: Employers must obtain explicit consent from employees before accessing or collecting data from their personal devices. Employees should be informed about the types of data that may be accessed, the purposes for which it will be used, and any potential impact on their privacy. It is crucial to strike a balance between e-discovery needs and respecting employee privacy rights.
• Company phones connected to personal accounts: Even organizations that issue company devices may not be exempt from the problem if employees are allowed to connect those devices to their personal accounts. Due to the nature of automated cloud storage, these employees may inadvertently be retaining copies of company material in their Apple or Google accounts.

It’s a good idea to stay informed about evolving laws and regulations related to BYOD practices, data security, and the organization’s legal obligations. Ensure that your policies stay up to date as technologies and business circumstances change.